| Final Order / Judgement | Dtd.06.07.2023 A/817/2016 O R D E R HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT - This is an appeal filed U/s.15 of CPA 1986 by OP/Appellant aggrieved by the order dtd.31.12.2015 passed in CC/20/2015 on the file of Dakshina Kannada District Forum.
- The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels.
- The undisputed facts are: The Complainant is registered owner of Volvo bus bearing no.KA01/F9056 which is insured under OP and as on the date of accident dtd.02.05.2012 the policy was in force. The only dispute is with regard to non-settlement of claim. Whereas, OP submits that, delay is caused in settling the claim was due to non-furnishing of necessary documents by the Complainant such as driving license, fitness certificate, permit tax and the proof of alleged accident in order to process their claim. In this regard, we perused the list of documents produced by the Complainant marked as Ex-C1 to C9, where, the documents sought by the OP are not there in the list. In other words, Complainant failed to submit those documents. Further we looked in to the documents submitted by OP marked as Ex-R1 to R7, where, Ex-R4 & 5 are the survey reports. However, the Forum below, ignoring these survey reports, recorded findings at page no.13 as: “it is however necessary to emphasize that even after giving an opportunity to produce the survey report the OP miserably failed to produce survey report. In the absence of the same, we hold that, the amount claimed by the Complainants supported by bill appears to be genuine” is not justifiable, since there is lacuna on the part of Complainant in not submitting necessary documents, and on the other hand, OP has submitted survey report which the Forum below failed to appreciate properly before passing impugned order. It is the contention of OP that, the surveyor in the said survey report has assessed the actual loss deducting the wear and tear and consumables incurred during the course of the repair which are not due to the accident and has arrived at an actual loss at Rs.3,40,068/-, appears to be justifiable, since, the surveyors are appointed under the Insurance Act and on their report insurance claim is settled. Accordingly, OP is liable to pay only the loss of Rs.3,40,068/- as assessed by the surveyor. With such conclusion, we proceed to allow the appeal, consequently set aside the impugned order, and modified the order of the Forum below in the following terms:
OP is directed to pay Rs.3,40,068/- to the Complainant along with interest at 9% p.a. from the date of complaint till realisation and to pay Rs.10,000/- towards litigation cost. - The amount in deposit is directed to be transferred to the District Commission for needful.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member President *NS* | |
